Articles

Soshnick: Marital property in Indiana: What words to trust?

By Andrew Z. Soshnick The treatment of trust interests as marital property under Indiana law has an underdeveloped and confusing history. The 1973 Indiana Dissolution of Marriage Act and statutory amendments do not directly address the issue of what trust interests are marital property. Likewise, few appellate opinions attempt to clarify when trust interests are […]

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Justices reverse for Clark REMC in dispute over health benefits for former employees

Former Clark County REMC directors weren’t guaranteed health insurance reimbursement in their retirement after a policy change terminated the benefit, the Indiana Supreme Court has ruled. In a Wednesday opinion, the high court reversed Clark Circuit Court’s grant of summary judgment to the plaintiffs after finding the REMC’s policy was not a binding contract because the policy wasn’t an offer.

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Split justices eliminate proximity rule for emotional distress claims

A mother who brought claims for emotional distress after learning that her disabled daughter had been sexually abused can once again proceed with her case after a majority of the Indiana Supreme Court created a new rule eliminating the proximity requirement for emotional distress recovery. A dissenting justice, however, warned that the “watershed” ruling could have a wider-ranging impact than anticipated.

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